SINTEZÃ – CRITICÃ – DE PRACTICÃ JURISDICŢIONALÃ ÎN LEGÃTURÃ CU LITIGIILE PRIVIND ATRIBUIREA ANUMITOR CONTRACTE FINANŢATE DIN FONDURI PUBLICE

Recently, the National Council for Solving Complaints has dealt with numerous complaints against the acts adopted by various companies, which do not have the capacity of contracting authorities, but are beneficiaries of public funds for carrying out certain projects of public interest, companies that, under the financing contracts concluded with the financing bodies, are required to perform the purchases necessary for carrying out the projects according to the Government Emergency Ordinance no. 34/2006 regarding the award of public procurement contracts, public works concession contracts and services concession contracts. This article presents, in a comparative manner, the solutions provided for various complaints and the arguments they are based on, from the recent practice of the Council and the control courts, some of the given solutions and arguments exceeding the limit established by legal norms, in the opinion of the author commenting on them.